Drone Regulations: What You Need to Know

If you own a drone, or are planning to buy one, you need to be aware of FAA rules for flying outdoors.

You bought a drone. And you're probably chomping at the bit to get the battery charged and take it out for the first test flight. But before you do, you need to be aware of the rules and regulations that the Federal Aviation Administration (FAA) has put in place for flying drones in the U.S. And you should also be aware of your rights and the rights of those around you.

RegistrationThe first thing a new drone owner needs to do is to register it with the government. If that sound a bit Big Brotherish, it is. But after a swath of crashes and violations of the basic rules of the air that were trumpeted on the nightly news and blogosphere, the FAA instituted the registration system.

Registration costs $5, but you can avoid that fee if you register before Jan. 21, 2016. There is a grace period, but if you're caught flying a drone that's unregistered, civil penalties of up to $27,500 may be assessed (although you'll have until Feb. 19 before they can be assessed).

Aircraft lighter than 0.5 pounds are exempt, although remote-controlled aircraft that light generally aren't drones—they tend to lack GPS stabilization and automated flight features. The FAA has published a guide as to what common models weigh. But even small, low-altitude models like the Parrot Bebop require registration. Online registration can be used for any drone that a consumer is likely to buy, but if you own an unmamnned aircraft that's heavier than 55 pounds you'll need to fill out a paper form.

Once registered you'll receive a unique identification number. It can be used for all the aircraft you own—so even if you have a fleet at your disposal you're only out five bucks—and is valid for three years. Each of your aircraft must be physically marked with the number. The FAA says that placing an identifcation sticker on the removable battery is acceptable, but you could also use a sharpie to write on the hull. For more information, refer to the FAA FAQs on the subject.

The BasicsThe FAA refers to drones by the more proper term, Unmanned Aircraft Systems. It outlines its policies for use in the U.S. in detail—you should read the entire document before flying, but pay special attention to the section on Model Aircraft, the category under which drones fall.

The basic rules are:

Fly below 400 feet and remain clear of surrounding obstacles

Keep the aircraft within visual line of sight at all times

Remain well clear of and do not interfere with manned aircraft operations

Don't be careless or reckless with your unmanned aircraft; you could be fined for endangering people or other aircraft

A lot of these are simply common sense. And that's something you need to use when flying. In addition to the FAA rules, remember that National Parks have banned the use of drones within their confines. It's a shame, because aerial footage of beautiful locations like Yellowstone and Yosemite is a compelling reason to own a drone, but on the other hand some places should be free of technological distractions. The airspace around Washington D.C. is also restricted. The FAA is currently working on a smartphone app, cutely titled B4UFLY, for iOS and Android devices. Once available it will let you know if there are any restrictions in place in the area in which you wish to fly.

One thing you should remember is that all of these rules are for noncommercial use. If you're using a drone as a realtor, wedding videographer, or similar for-profit purposes, you'll need to apply for an exemption under Section 333.

Dealing With ConflictIf you fly your drone in public there's a chance that, eventually, you're going to run into some sort of conflict with another human. Some people think that it's totally acceptable to shoot a drone out of the air with a gun. So what do you do if someone takes exception to your flying a drone around them?

Well, if they decide to use your quadcopter for target practice, or otherwise damage it, the first order of business is to call the police. But it's best to defuse the situation before it gets to that. So, in the immortal words of Patrick Swayze, be nice. Have a conversation about what you're doing. Maybe even show the person the video feed from the drone camera that's streaming to your phone or tablet. Some folks are under the impression that a drone flying 100 feet in the air is spying on them—show them just how wide-angle the video is from that altitude.

Of course, not everyone you meet is reasonable. In those cases, you should be aware of where you're standing. As with photography, it has a lot to do with your rights to fly. If you're on your own property, or public property, you are completely within your rights. But if you're on private property, the situation isn't in your favor. A property owner (or representative of one, like a security guard) can ask you to land your drone and leave the premises. If that's the situation, you should comply. If they demand your memory card or attempt to detain you, however, that's another ball of wax. Print out and carry a copy of The Photographer's Right with you—it's a helpful resource to have whenever you're capturing images or video.

Related

Don't Be StupidFlying a quadcopter is a lot of fun, and it gives you opportunity to capture images and video that you wouldn't get from ground level. Following the FAA rules and defusing conflict with others will go a long way to making it a more enjoyable (and legal) experience. Common sense dictates that you should avoid flying your copter over crowded spaces—leave the aerial shots of the US Open and Super Bowl to the Goodyear Blimp people.

Choosing the right time of day to fly can also help to minimize interaction with other people, and to improve the quality of your video footage. If you fly right after sunrise—magic hour—you'll find that landscapes are bathed in golden light and look much better than they would in the harsh light of midday. It requires you to get up early in the morning and get to a location around dawn, but the results will be worth it, and most of the world will still be asleep.

If you know and follow the rules, use a little bit of common sense, and know how to deal with conflict when it arises you'll certainly get a lot of enjoyment from your drone.

Senior digital camera analyst for the PCMag consumer electronics reviews team, Jim Fisher is a graduate of the Rensselaer Polytechnic Institute, where he concentrated on documentary video production. Jim's interest in photography really took off when he borrowed his father's Hasselblad 500C and light meter in 2007. He honed his writing skills at retailer B&H Photo, where he wrote thousands upon thousands of product descriptions, blog posts, and reviews. Since then he's shot with hundreds of camera models, ranging from pocket point-and-shoots to medium format...
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